No Evidence that Violation Notice Affixed to Building

LVT Number: 16552

DOS issued a violation notice to landlord for not cleaning in front of the building. Landlord claimed that DOS didn't send the notice properly because there was no copy affixed to the building. The ALJ ruled against landlord and fined it $50. Landlord appealed and won. The affidavit of service for the violation notice stated only that the inspector attempted to personally deliver the violation notice. It didn't state that a copy was left at the building. So there was no proof that the violation notice was sent properly and it was dismissed.

DOS issued a violation notice to landlord for not cleaning in front of the building. Landlord claimed that DOS didn't send the notice properly because there was no copy affixed to the building. The ALJ ruled against landlord and fined it $50. Landlord appealed and won. The affidavit of service for the violation notice stated only that the inspector attempted to personally deliver the violation notice. It didn't state that a copy was left at the building. So there was no proof that the violation notice was sent properly and it was dismissed.

Bedford Holdings LP: ECB App. No. 39038 (3/25/03) [2-pg. doc.]

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